Brand Worlds Tools 1.2

EULA - End User License Agreement

Copyright 2005,2006 Brand Worlds; 1998-2006 moove, License Agreement for Brand Worlds Tools
Brand Worlds is wholly-owned by moove Bongartz-Dr. Kozan GbR ("Publisher")

Brand Worlds Tools LICENSE AGREEMENT
PLEASE READ THIS LICENSE CAREFULLY BEFORE DOWNLOADING, INSTALLING AND USING BRAND WORLDS TOOLS. BY CLICKING ON THE "I AGREE" BUTTON PRIOR TO DOWNLOADING BRAND WORLDS TOOLS AND BY INSTALLING AND USING BRAND WORLDS TOOLS, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, PROMPTLY REMOVE BRAND WORLDS TOOLS FROM YOUR COMPUTER.

This License Agreement ("Agreement") for the Brand Worlds Tools software and related documentation ("SOFTWARE") is your proof of license. An electronic copy of this Agreement will also be provided to you after installation of the SOFTWARE. You can find this file, "LICENSE", in the directory where you installed the SOFTWARE.
1. GRANT AND TERM OF LICENSE. Subject to your compliance with the terms of this Agreement, the publisher grants to you a personal, nonexclusive, and nontransferable right to install and use the SOFTWARE. The SOFTWARE may be used only on a single computer owned, leased or otherwise controlled by you. You may make one copy of the SOFTWARE for archival purposes, provided any copy must contain all of the original proprietary notices. This Agreement and the license granted in it shall continue until the publisher announces its termination, and will terminate automatically if you fail to comply with the limitations described in this Agreement. Upon any termination, or if you give up your personal use and control of the computers on which the SOFTWARE is installed, you agree to destroy all copies of the SOFTWARE and the Information and any related materials in any form.
2. INTELLECTUAL PROPERTY RIGHTS. The SOFTWARE is the valuable property and confidential information of the publisher and may not be disclosed by you to any third party who has not agreed to the terms of this Agreement in the manner specified by the publisher. Certain portions of the SOFTWARE may be licensed by the publisher from third parties and all such third party content and all intellectual property rights related to the content belong to the respective third parties. You may not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on or incorporating the SOFTWARE, or remove any proprietary notices or labels it contains. All applicable rights to patents, copyrights, trademarks, trade secrets and other intellectual property rights in the SOFTWARE or any modifications to it shall be owned by and remain the property of the publisher or such third party licensors, as applicable.
3. OTHER OBLIGATIONS AND RESTRICTIONS. You are responsible for obtaining and maintaining at your own expense all telephone, network or other communications links, computer hardware and other equipment or facilities needed for access to and use of the SOFTWARE.
4. WARRANTIES, DISCLAIMERS AND LIABILITIES.
THE SOFTWARE. You expressly acknowledge and agree that use of the SOFTWARE is AT YOUR OWN RISK and that the SOFTWARE is provided "AS IS" without any warranties or conditions whatsoever. The publisher does not warrant that the SOFTWARE is free from bugs, interruption, errors or other program limitations.
THE PUBLISHER SHALL IN NO EVENT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INTELLECTUAL PROPERTY INFRINGEMENT OR DEFAMATION CLAIMS RESULTING FROM CONTENT CREATED BY YOU WITH THE SOFTWARE. YOU ARE SOLELY RESPONSIBLE FOR THE CONTENT THAT YOU CREATE WITH THE SOFTWARE.
THE PUBLISHER HEREBY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE OR INFRINGEMENT.
THE PUBLISHER SHALL IN NO EVENT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INACCURACY, ERROR OR OMISSION IN, OR LOSS, INJURY OR DAMAGE CAUSED IN WHOLE OR PART BY, OR FAILURES, DELAYS OR INTERRUPTIONS OF THE SOFTWARE.
THE PUBLISHER SHALL IN NO EVENT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS OR OTHER LOSSES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SOFTWARE, THE RESULTING CONTENT CREATED WITH THE SOFTWARE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE PUBLISHER'S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED $1,000.
Some jurisdictions do not allow the exclusion or limitation of warranties or incidental or consequential damages, so the above limitations or exclusions may not apply to you.
5. INDEMNIFICATION. You agree to indemnify, defend and hold the publisher, its officers, directors, shareholders, employees, agents and assigns, harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including court costs and attorneys' fees) resulting from your use of the SOFTWARE, your breach of any provision of this Agreement and/or any intentional wrongdoing by you. Any such indemnification shall be conditioned on our: (a) immediately notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. We shall be entitled to participate in such defense at our own cost and expense. We reserve the right to report any wrongdoing, if we become aware of it, to the applicable government agencies or otherwise.
6. U.S. GOVERNMENT RIGHTS. If you are acquiring the SOFTWARE (including the related documentation) on behalf of any part of the United States Government, the following provisions apply. The SOFTWARE is deemed to be "commercial software" and "commercial computer software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR 12.212, as applicable. Any use, modification, reproduction, release, performance, display or disclosure of the SOFTWARE (including the related documentation) by the U.S. Government or any of its agencies shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement.
7. AMENDMENT OF TERMS. The publisher shall have the right at any time to change the terms of this Agreement or require new terms and to change, impose conditions on or discontinue any aspect or feature of the SOFTWARE. Such changes shall be effective immediately upon notification by any means which give you actual or constructive knowledge of them, and any continued use by you of the SOFTWARE after such notice shall be deemed acceptance of them by you.
8. EXPORT CONTROLS. You agree that the SOFTWARE will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.
9. GENERAL. This Agreement is governed by the laws of the Federal Republic of Germany, without reference to conflict of laws principles. The parties agree that all disputes arising out of or with respect to this Agreement shall be heard exclusively in the courts located in Leverkusen, Germany, and each of the parties expressly consents to the jurisdiction and venue of such courts. This Agreement is the entire agreement between the publisher and you and supersedes any other communications or advertising with respect to the SOFTWARE. If any provision of this Agreement is held unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. The headings used in this Agreement are for convenience only, and shall not be given any legal import. You agree to comply with all U.S., foreign and local laws and regulations which apply to your use of the SOFTWARE, including without limitation, export control laws and regulations, as discussed above.